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ENIL Brussels Office Rue de l’Industrie 10, 1000 Brussels, Belgium tel: 0032 (0)2 893 25 83; website: www.enil.eu; e-mail: [email protected] European Network on Independent Living Personal Assistance Services in Europe 2015 Introduction The European Network on Independent Living (ENIL) is a non-governmental organization working in the disability field. ENIL promotes and supports the Independent Living Movement in Europe since 1989. The core element of ENIL is promoting Independent Living (IL), self-determination and human and civil rights, through Independent Living and anti-discrimination legislation and empowerment of disabled people. It advocates and lobbies for Independent Living by promoting the values, principles and practices to enable full citizenship of disabled people. The goal is to improve full participation of people with disabilities in society and to increase involvement of disabled people within the Independent Living Movement throughout Europe. One of the pillars of the Independent Living Movement is personal assistance (PA), which ENIL defines as a tool allowing for Independent Living 1 . PA should be provided on the basis of an individual needs assessment and depending on the life situation of each individual. The funding allocated for personal assistance to disabled people need to be in line with the current salary rates in each country. According to the IL philosophy all disabled people must have the right to recruit, train and manage their assistants with adequate support, and the disabled person should be the one that choose the employment model which is most suitable for their needs. PA allocations must cover the salaries of personal assistants and other performance costs, such as all contributions due by the employer, administration costs, personal assistant training and peer support for the person who needs assistance. PA provides an opportunity for empowerment and inclusion of disabled people. It is considered a human right by both the Independent Living movement and the United Nations Convention on the Rights of Persons with Disabilities (UN CRPD). However, despite the fact that PA is supported by Article 19 of the CRPD, which most European countries have signed and ratified, many still do not have PA legislation. Some countries have passed PA legislation that does not reflect the philosophy of the IL Movement or the CRPD. This allows for the breaching of human rights. It also confirms the belief of ENIL that politicians

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Page 1: European Network on Independent Living Personal Assistance … · 2016-02-02 · ENIL Brussels Office Rue de l’Industrie 10, 1000 Brussels, Belgium tel: 0032 (0)2 893 25 83; website:

ENIL Brussels Office

Rue de l’Industrie 10, 1000 Brussels, Belgium

tel: 0032 (0)2 893 25 83; website: www.enil.eu; e-mail: [email protected]

European Network on Independent Living

Personal Assistance Services in Europe 2015

Introduction

The European Network on Independent Living (ENIL) is a non-governmental organization working in the

disability field. ENIL promotes and supports the Independent Living Movement in Europe since 1989.

The core element of ENIL is promoting Independent Living (IL), self-determination and human and civil

rights, through Independent Living and anti-discrimination legislation and empowerment of disabled

people. It advocates and lobbies for Independent Living by promoting the values, principles and practices

to enable full citizenship of disabled people. The goal is to improve full participation of people with

disabilities in society and to increase involvement of disabled people within the Independent Living

Movement throughout Europe.

One of the pillars of the Independent Living Movement is personal assistance (PA), which ENIL defines as

a tool allowing for Independent Living1. PA should be provided on the basis of an individual needs

assessment and depending on the life situation of each individual. The funding allocated for personal

assistance to disabled people need to be in line with the current salary rates in each country. According to

the IL philosophy all disabled people must have the right to recruit, train and manage their assistants

with adequate support, and the disabled person should be the one that choose the employment model

which is most suitable for their needs. PA allocations must cover the salaries of personal assistants and

other performance costs, such as all contributions due by the employer, administration costs, personal

assistant training and peer support for the person who needs assistance.

PA provides an opportunity for empowerment and inclusion of disabled people. It is considered a human

right by both the Independent Living movement and the United Nations Convention on the Rights of

Persons with Disabilities (UN CRPD). However, despite the fact that PA is supported by Article 19 of the

CRPD, which most European countries have signed and ratified, many still do not have PA legislation.

Some countries have passed PA legislation that does not reflect the philosophy of the IL Movement or the

CRPD. This allows for the breaching of human rights. It also confirms the belief of ENIL that politicians

Page 2: European Network on Independent Living Personal Assistance … · 2016-02-02 · ENIL Brussels Office Rue de l’Industrie 10, 1000 Brussels, Belgium tel: 0032 (0)2 893 25 83; website:

ENIL Brussels Office

Rue de l’Industrie 10, 1000 Brussels, Belgium

tel: 0032 (0)2 893 25 83; website: www.enil.eu; e-mail: [email protected]

are lacking in knowledge about legislation and on the real situation of disabled people. This lack of

political will directly affect thousands of lives on a daily basis. ENIL decided in 2011 to research the

availability of PA services within countries of the Council of Europe area collecting information to

compare country situations on PA legislation. Research was carried out by ENIL between 2011 and 2013

including a desktop research and the dissemination of a survey. Disability experts from 21 European

countries were involved in that process. Information was presented in a comprehensive way in tables

format (one for each country). These PA tables, together with a summary report can be found here:

http://www.enil.eu/policy/personal-assistance-tables/

In 2015 ENIL has updated the collected data contacting again disability experts with answers from the

following 20 countries: Belarus, Belgium, Bulgaria, Cyprus, Denmark, Estonia, France, Georgia, Greece,

Italy, Latvia, Macedonia, Netherlands, Norway, San Marino, Slovenia, Spain, Switzerland, Sweden, UK.

Compared to 2013, four new countries were added – Estonia, Georgia, Macedonia and Switzerland.

Unfortunately, ENIL could not collect information from Germany, Iceland, Ireland, Serbia and Slovakia,

which all participated in ENIL’s previous research project.

Page 3: European Network on Independent Living Personal Assistance … · 2016-02-02 · ENIL Brussels Office Rue de l’Industrie 10, 1000 Brussels, Belgium tel: 0032 (0)2 893 25 83; website:

ENIL Brussels Office

Rue de l’Industrie 10, 1000 Brussels, Belgium

tel: 0032 (0)2 893 25 83; website: www.enil.eu; e-mail: [email protected]

Research questions were divided in two parts covering the following areas:

Part 1: Key information about personal assistance

- Legislation/policy

- Changes in legislation/policy

- Eligibility assessments

- Funding

- Providers and support

Part 2: Additional information

- Background information about the introduction of personal assistance into legislation/policy

- Current challenges in implementing the personal assistance legislation/policy

- Personal assistance and empowerment

- Personal assistance role in the process of de-institutionalisation

- Research on costs of personal assistance

- Family members as personal assistants

All research questions can be found in Appendix 1.

Page 4: European Network on Independent Living Personal Assistance … · 2016-02-02 · ENIL Brussels Office Rue de l’Industrie 10, 1000 Brussels, Belgium tel: 0032 (0)2 893 25 83; website:

ENIL Brussels Office

Rue de l’Industrie 10, 1000 Brussels, Belgium

tel: 0032 (0)2 893 25 83; website: www.enil.eu; e-mail: [email protected]

Main findings from Part 1:

LEGISLATION/POLICY

Legislation covering personal assistance (PA)

Twenty countries have completed the PA Table template prepared by ENIL. Since 2013 four new

countries were added to the data collection – Estonia, Georgia, Macedonia and Switzerland. Countries

included in the 2013 report but missing from this update are Germany, Iceland, Ireland and Slovakia.

Thirteen countries out of the twenty have available PA services including: Belgium, Denmark, Estonia,

France, Italy, Latvia, Netherlands, Norway, Slovenia, Spain, Switzerland, Sweden and UK. PA service is

also available in Bulgaria, however, it is not grounded in national law, and therefore does not fit ENIL’s

definition of personal assistance. The Bulgarian data covers only a program which some disabled people

in the capital of Sofia benefit from. Similarly, in Slovenia there is no national law regulating PA services,

instead different NGOs provide such service, each with different rules and criteria, thus creating chaos in

the system. These services are projects through an unemployment measure.

PA provided on a pilot basis

The provision of PA on a pilot basis could be the first step towards the introduction of a national

program. At present PA service is provided on a pilot basis only in Slovenia. However, this situation has

been ridiculously prolonged since 1996. There is a number of disabled people’s organizations (DPOs)

providing PA with funding from different sources, but there is no national program. Therefore, not all

disabled people have access to PA in accordance with their actual needs.

Number of registered PA users

In 9 of the countries (Belarus, Bulgaria, Cyprus, Georgia, Greece, Macedonia, Netherlands and San Marino)

no data for the number of PA users is available. From these only the Netherlands provides PA service.

This lack of data is disturbing as it does not allow neither governments, nor NGOs to make reliable

estimation of the costs when a pilot program is created.

Page 5: European Network on Independent Living Personal Assistance … · 2016-02-02 · ENIL Brussels Office Rue de l’Industrie 10, 1000 Brussels, Belgium tel: 0032 (0)2 893 25 83; website:

ENIL Brussels Office

Rue de l’Industrie 10, 1000 Brussels, Belgium

tel: 0032 (0)2 893 25 83; website: www.enil.eu; e-mail: [email protected]

Since 2013 the number of PA users in some European countries has increased. For example in Latvia,

Spain, Sweden, significantly in the UK (100,000 across Scotland and Wales in 2013 and 250,000 in 20152)

and slightly in Norway (3040 in 2013 and 3600 in 2015).

Increase/decrease or stagnation of the registered PA users

Of the countries where information on the number of PA users is available, 9 report increase

(Wallonia/Belgium, Italy, Latvia, Netherlands, Norway, Spain, Sweden, Switzerland and the UK) and 3

(Bulgaria, Macedonia and Georgia) report stagnation. The main reasons for the stagnation are considered

to be budget cuts and waiting lists.

Type of impairment having impact on the access to PA service

In general, there are no impairment-based restrictions for access to PA service. However, in practice

people with psycho-social disabilities or cognitive impairments in some countries (Bulgaria, Italy,

Slovenia, Spain, Switzerland, Sweden and the UK) receive very limited support and thus become victims

of discrimination. A potential reason for this stigmatization is the lack of understanding of the needs

which are not directly visible. However, this is not an excuse and is unacceptable when speaking about

equal, human rights.

In Netherlands only people with a personal care budget may decide to use it to hire a PA. The provision of

such budgets is not dependent on the type of impairment. However, providers may judge a person’s

ability to manage a budget, which limits the access to the PA service.

Age affecting the access to PA service

UK, Latvia, Norway and Netherlands are the only countries whose PA legislation is not age-bounded –

everybody, regardless of age, has the same right to receive PA support. In Bulgaria (only referring to the

PA program in Sofia) there are no official age restrictions, but privilege is given to younger persons. In

France and Denmark people above 65 years of age also receive limited support. In Slovenia, Sweden and

Switzerland the age limit of 65 years is explicitly specified. The legislation in this area in Europe has not

changed since 2013.

Page 6: European Network on Independent Living Personal Assistance … · 2016-02-02 · ENIL Brussels Office Rue de l’Industrie 10, 1000 Brussels, Belgium tel: 0032 (0)2 893 25 83; website:

ENIL Brussels Office

Rue de l’Industrie 10, 1000 Brussels, Belgium

tel: 0032 (0)2 893 25 83; website: www.enil.eu; e-mail: [email protected]

Restrictions on what the PA can be used for

In most countries with PA legislation there are restrictions in what an assistant is allowed to do. For

example, in Denmark and Sweden gardening, shovelling and snow cleaning cannot be part of PA’s duties.

In France, Netherlands and Spain social and leisure activities are generally ignored (e.g. only 1 hour

allocated). Health-related activities are forbidden in France, Norway and Flanders. The three countries

which do not impose restrictions on the PA service are Bulgaria, Belgium (but only Wallonia) and

Switzerland. However, for instance in Bulgaria, the hours allowed for personal assistance are often so

limited that in practice the disabled person prefers to use them for urgent needs and thus social activities

remain ignored.

CHANGES IN LEGISLATION/POLICY

Changes in legislation/policy restricting the use of PA services

PA legislation is dynamically changing – only one of the 10 countries with such legislation reported that

there were no changes in the last 5 years. In 7 of the countries the changes have been towards

deterioration. A dramatic change is experienced by the PA users in the UK with the closure of the

centrally funded Independent Living Fund (ILF), which has provided financial support for PA to disabled

people across UK 3, 4, 5, 6. All ILF users’ funds in England (estimated 17,500) were transferred to local

authorities. From early Freedom of Information requests it appears that funds will be cut for many ex-ILF

users and in some cases night time support will be removed. All this will have negative impact on the PA

use and on the lives of disabled people. Scotland and Northern Ireland will retain a central fund through

the newly created ILF Scotland. Wales will have cash transferred to local authorities.

The only country, which reports positive changes in legislation, is Spain, where PA budgets have been

increased and more types of disabilities are now considered eligible for support. However, the

government is currently considering the introduction of a compulsory two-year training for personal

assistants – a measure that is considered by experts in the disability and human rights area not only to be

unnecessary, but to overcomplicate the system and make it even more clumsy.

Page 7: European Network on Independent Living Personal Assistance … · 2016-02-02 · ENIL Brussels Office Rue de l’Industrie 10, 1000 Brussels, Belgium tel: 0032 (0)2 893 25 83; website:

ENIL Brussels Office

Rue de l’Industrie 10, 1000 Brussels, Belgium

tel: 0032 (0)2 893 25 83; website: www.enil.eu; e-mail: [email protected]

Limitations that prevent/restrict PA use

Further restrictions of the use of PA service have been introduced in several countries. In Sweden a new

interpretation of the law has led to many disabled people being considered ineligible to use the centrally

funded PA service. In addition, more emphasis is being put on family responsibility. Access to assistance

at municipality level now depends on the financial situation of the municipality and the stamina of a

person to appeal a case. In the UK the situation is not more optimistic – the money available for care has

reduced, resulting in tighter eligibility for services. This means that many disabled people are no longer

eligible for support. The quality of the service has also decreased as more and more often visits from

agency workers last no more than 15 minutes which is apparently insufficient time for proper work. In

Italy there have been cuts on public spending and the number of people on waiting lists has also

increased. Furthermore, the newly introduced co-participation in funding has also its negative

implications on the service provided.

Reasons for introducing negative changes/restrictions

In 7 of the countries with PA legislation (UK, Sweden, Italy, Spain, France, Denmark and Belgium’s

Wallonia) the reasons for the changes in PA service are financial. This is not surprising considering the

overall economic situation in Europe in the last years. Only Switzerland reports (although only as

speculation) that the reason might be related to poor management instead of financies – the responsible

agencies might have hired too many staff members, expecting a much larger demand than actually

occurred.

ELIGIBILITY ASSESSMENTS

Who carries out eligibility assessments for PA?

In most countries with PA legislation (Belgium, Bulgaria, France, Italy, Norway, Spain and the UK)

assessment happens at the local level and is usually carried out by social workers. In Spain there is no

separate PA assessment. A general assessment is carried out of person’s eligibility to use the different

services and budgets, one of which is the PA budget.

Page 8: European Network on Independent Living Personal Assistance … · 2016-02-02 · ENIL Brussels Office Rue de l’Industrie 10, 1000 Brussels, Belgium tel: 0032 (0)2 893 25 83; website:

ENIL Brussels Office

Rue de l’Industrie 10, 1000 Brussels, Belgium

tel: 0032 (0)2 893 25 83; website: www.enil.eu; e-mail: [email protected]

How often assessments are repeated?

Most countries do re-assessment on a yearly basis. This is the case in Belgium (only Wallonia), Bulgaria,

Denmark, Latvia, Norway and the UK. In other countries the time frame varies according to the specific

type of impairment or the service provider. For example in Sweden reassessment happens every two

years if the provider is at the national government and every year if assistance is provided by the

municipality. In Slovenia the reassessment is not fixed, it depends on the NGO that provides the support.

In Spain and Flanders in Belgium there is no requirement for reassessment.

Tools for assessment

Different specialised tools are used in the different countries. Usually, these are in the form of

questionnaires aiming to determine the type of support needed and its frequency.

FUNDING

Funding of PA services

Funding of PA service in most countries happens at both levels – national and local/regional. This is the

case with Denmark, France, Italy, Latvia, Netherlands, Norway, Slovenia, Sweden, Spain and the UK. There

are also countries where insurance companies take this responsibility – e.g. in Norway and Switzerland.

Means tested access

PA is a means tested service in Flanders (Belgium), France, Italy, the Netherlands, Norway, Spain and the

UK and some users may have to contribute to the cost of having a PA. In Bulgaria, Wallonia (Belgium),

Latvia, Denmark, Sweden and Switzerland it is fully funded by either local or national authorities.

Page 9: European Network on Independent Living Personal Assistance … · 2016-02-02 · ENIL Brussels Office Rue de l’Industrie 10, 1000 Brussels, Belgium tel: 0032 (0)2 893 25 83; website:

ENIL Brussels Office

Rue de l’Industrie 10, 1000 Brussels, Belgium

tel: 0032 (0)2 893 25 83; website: www.enil.eu; e-mail: [email protected]

Maximum number of PA hours per day/week

As can be expected these numbers vary dramatically in the different countries. There are countries where

users can have 24 hours of PA per day or even more in cases where a person needs two assistants per

hour. However, these are exceptions – Denmark, France, Sweden and the UK. In most countries there are

restrictions of the number of hours.

Hourly rate funded

It is difficult to make comparison between the countries as the hourly rate is very much dependant on the

overall cost of living. In some countries, for example Bulgaria, the amount is so low that PA users have

immense difficulties in finding personal assistants outside their families.

Direct payments

Direct payments is considered by many to be the most empowering, from the perspective of the users,

way to manage PA service. However, not all countries with PA legislation have introduced direct

payments. For example, disabled people in Bulgaria and Slovenia do not have a chance to opt for direct

payments. In other countries, such as Italy and Belgium, there are differences between the regions. The

Flanders region in Belgium has introduced direct payments, while Wallonia has not.

Family members as PAs

This topic often provokes hot debates and so far no universal decision has been taken even at the

territory of one country. The issue is highly culture specific and some trends for this can be seen from the

survey results. For example countries like Spain and Bulgaria allow PAs to be family members and people

there often use this opportunity. In countries like Sweden, the UK, Belgium (Wallonia region) and the

Netherlands certain restrictions are implied. There are also countries which do not allow family members

to provide PA support – e.g. Switzerland.

Page 10: European Network on Independent Living Personal Assistance … · 2016-02-02 · ENIL Brussels Office Rue de l’Industrie 10, 1000 Brussels, Belgium tel: 0032 (0)2 893 25 83; website:

ENIL Brussels Office

Rue de l’Industrie 10, 1000 Brussels, Belgium

tel: 0032 (0)2 893 25 83; website: www.enil.eu; e-mail: [email protected]

PROVIDERS AND SUPPORT

Choice of providers of PA services

In nine countries with PA legislation there is a choice of providers of PA services (Denmark, France, Italy,

Latvia, Netherlands, Norway, Spain, Sweden and the UK). However, in some countries (e.g. Italy and

Norway) there are differences between municipalities and the availability of a choice of providers

depends on the particular municipality. In Switzerland and Bulgaria there is no option to choose between

different providers – only self-employed people can be hired.

Of those countries which have user cooperatives, those that require accreditation are France, Italy,

Netherlands, Norway and Sweden. The rest of the countries either do not have cooperatives, or

accreditation is not a requirement.

Training of PA users

Of the countries with PA legislation Denmark, Italy, Norway, Sweden and the UK provide some kind of

training for the PA users on how to recruit and manage their assistance. This is either provided by

experts (psychologists, social workers) or by other disabled persons. However, the latter exists in very

few countries – like in Sweden for instance. This shows that peer support is still rarely available for

disabled people to use. Good practice is evident in the UK where PA users train their assistants by

themselves.

The general lack of training of assistants by the PA users themselves is a problem because according to

the human rights perspective and the social model of disability it is disabled people who are experts on

their own needs. No external ‘expert’ (no matter what kind of profession they possess) can know better

than the persons themselves how another person can assist them. Moreover, the importance of such

training is essential if a real professional bond will be established between the disabled person and the

personal assistant.7

Page 11: European Network on Independent Living Personal Assistance … · 2016-02-02 · ENIL Brussels Office Rue de l’Industrie 10, 1000 Brussels, Belgium tel: 0032 (0)2 893 25 83; website:

ENIL Brussels Office

Rue de l’Industrie 10, 1000 Brussels, Belgium

tel: 0032 (0)2 893 25 83; website: www.enil.eu; e-mail: [email protected]

Are people with intellectual disabilities allowed to manage their own assistance?

Eight countries report that people with intellectual disabilities are allowed to manage their PA

themselves. These are Belgium, France, Netherlands, Norway, Spain, Sweden, Switzerland and the UK.

However, in reality in most of these countries family members manage the PA support. In Bulgaria,

Denmark and Italy people with psycho-social disabilities are deprived from their right to use PA.

Main findings from Part 2:

Background information

A driving force for change in most countries has been the Independent Living Movement. Either

individuals or organisations of disabled people have initiated the process of development of PA service

and legislation. This process first began in the countries from Western and Northern Europe – around the

1970s in Denmark, a few years later in France, in 1987 in Belgium with the foundation of Independent

Living Flanders (an Independent Living organisation) and around the same time in Sweden and the UK.

More recently legislation changes were introduced in Estonia, Latvia and Bulgaria.

Challenges

The challenges that PA users throughout Europe meet nowadays have not changed much since 2013.

Disabled people are still fighting to receive more hours of assistance, better salaries for their assistants

and access to PA regardless of the type of their impairment. One of the main reasons for these challenges

is financial, but not less important is the difficult transition from the medical to the social model of

disability. Changing the mindset of society and decision makers is a challenge that needs to be tackled

persistently.

Page 12: European Network on Independent Living Personal Assistance … · 2016-02-02 · ENIL Brussels Office Rue de l’Industrie 10, 1000 Brussels, Belgium tel: 0032 (0)2 893 25 83; website:

ENIL Brussels Office

Rue de l’Industrie 10, 1000 Brussels, Belgium

tel: 0032 (0)2 893 25 83; website: www.enil.eu; e-mail: [email protected]

Empowerment

In general it is thought that the PA legislation has led to the empowerment of disabled people. In Belgium,

Norway, the UK, Estonia and Sweden it has helped disabled people to live more independently. Having a

personal assistant for many is a chance to leave home and not live with their parents as adults, to have

more active and meaningful life. Many grassroot organisations of disabled people and cooperatives have

been established after the official recognition of the right of personal assistance.

De-institutionalisation and PA

PA can be used as a tool in the process of DI. People who live in institutions could benefit from that kind

of service, which could help them leave the institution and start living independently. However, according

to the data collected, in most countries PA is not used as a measure in the DI process. It contributes to the

DI process, but marginally. Most PA users have never lived in an institution (reported by Belgium and

Denmark). France reports that institutional care is still highly popular in the country. Similar comments

come from Bulgaria where a re-institutionalisation process is witnessed. This means that people are

moved from larger institutions to small group homes which cannot be considered to be community-based

service.

Research on the costs of PA

The research on the costs of PA is limited or there is no publicly available data from such research.

Bulgaria, France, Italy and Latvia do not have information of any research of this kind to have taken place.

The Netherlands, Norway and Switzerland report the existence of such data, but no further details are

provided. Slovenia reports one research on the costs of PA, carried out for the ENIL survey Comparing the

Cost of Independent Living and Residential Care in 2012. The Swedish National Board of Health and

Welfare has produced a study showing an increase in costs of assistance over the years as people ask for

more hours than once was estimated. Overall, it can be seen that governments still do not put enough

efforts in research work.8

Page 13: European Network on Independent Living Personal Assistance … · 2016-02-02 · ENIL Brussels Office Rue de l’Industrie 10, 1000 Brussels, Belgium tel: 0032 (0)2 893 25 83; website:

ENIL Brussels Office

Rue de l’Industrie 10, 1000 Brussels, Belgium

tel: 0032 (0)2 893 25 83; website: www.enil.eu; e-mail: [email protected]

Conclusions:

Several conclusions could be drawn from this summary of the updated data on the situation of personal

assistance collected from 20 European countries. Most of them repeat the conclusions from the report

published by ENIL in 2013. There is still a great variation in legislation and availability of PA services

across Europe. A matter of great concern is that there are still countries where no PA service and

legislation exist. There are still discriminatory provisions which go against the UN CRPD – especially

restrictions of the access to PA service on the basis of age or type of disability. Another serious challenge

are the financial cuts that have been introduced in many countries, disproportionally affecting disabled

people.9

Recommendations:

The fact that this report repeats the recommendations produced two years ago shows that there is a lack

of political will the situation of disabled people to be improved. ENIL still emphasises the urgent need for

the national governments to:

• Enact legislation for PA services, which is compliant with the CRPD and reflects the philosophy of the

Independent Living Movement;

• Ensure that the responsibility for PA services is assumed at the national level, to ensure equal access

throughout the country;

• Ensure that PA services are provided on the basis of an individual needs assessment and are

dependent upon the life situation of each individual. This should be in line with a social understanding

of disability, and not carried out using a medical approach;

• Ensure that the PA legislation and services do not discriminate based on type or perceived level of

disability;

• Ensure that the rates allocated for personal assistance to disabled people are in line with the current

salary rates in each country;

• Give disabled people the right to recruit, train and manage their own assistants, with adequate

support, if preferred;

• Facilitate an exchange of ideas and knowledge about good legislation and practice in the area of

personal assistance with other European countries;

• Improve the collection of relevant data to support advocacy and development of good legislation in

this area.

Page 14: European Network on Independent Living Personal Assistance … · 2016-02-02 · ENIL Brussels Office Rue de l’Industrie 10, 1000 Brussels, Belgium tel: 0032 (0)2 893 25 83; website:

ENIL Brussels Office

Rue de l’Industrie 10, 1000 Brussels, Belgium

tel: 0032 (0)2 893 25 83; website: www.enil.eu; e-mail: [email protected]

Footnotes: 1 ENIL’s key definitions on Independent Living http://www.enil.eu/policy/

2 These are estimates supplied by Sue Bott via figures from Skills for Care

3 Article on the ENIL website, published on 25/03/2013: “The Fight for the Independent Living Fund in the

UK: DPAC and Disabled People Take the Government to Court”:

http://www.enil.eu/news/the-fight-for-the-independent-living-fund-in-the-uk-dpac-and-disabled-

people-take-the-government-to-court/

4 Article on the ENIL website, published on 07/11/2013: “Victory-Appeal Court in London Quash Decision

to Close the Independent Living Fund”:

www.enil.eu/news/victory-appeal-court-in-london-quash-decision-to-close-the-independent-living-

fund/

5 Article on the ENIL website, published on 09/04/2015: “UK Disabled People Appeal to the UN Over

Independent Living Fund Closure”:

http://www.enil.eu/news/uk-disabled-people-appeal-to-the-un-over-independent-living-fund-closure/

6 Article on the ENIL website, published on 30/06/2015: “Disabled People Against Cuts Storm the British

Parliament Against Closure of the Independent Living Fund”:

http://www.enil.eu/news/disabled-people-against-cuts-storm-the-british-parliament-against-closure-

of-the-independent-living-fund/

7 Training Manual “Peer Support for Independent Living”

http://www.enil.eu/wp-content/uploads/2012/06/Peer-Support-Training-Manual-Final_281014.pdf

8 ENIL Survey “Comparing the Costs of Independent Living and Residential Care”

http://www.enil.eu/wp-content/uploads/2012/06/Cost-survey_FINAL1.pdf

9 Article on the ENIL website published on 05/05/2014: “Stop Disability Cuts” Campaign Culminates In a

Number of Awareness Raising Activities Throughout Europe to Mark the European Independent Living Day,

5th May 2014

http://www.enil.eu/news/stop-disability-cuts-campaign-culminates-in-a-number-of-awareness-raising-

activities-throughout-europe-to-mark-european-independent-living-day-5th-may-2014/

Page 15: European Network on Independent Living Personal Assistance … · 2016-02-02 · ENIL Brussels Office Rue de l’Industrie 10, 1000 Brussels, Belgium tel: 0032 (0)2 893 25 83; website:

ENIL Brussels Office

Rue de l’Industrie 10, 1000 Brussels, Belgium

tel: 0032 (0)2 893 25 83; website: www.enil.eu; e-mail: [email protected]

Appendix 1

ENIL Personal Assistance Survey

Country/region:

Updated on: (date)

Contact Person:

ENIL Contact Person: (to be completed by ENIL)

PART 1: KEY INFORMATION ABOUT PERSONAL ASSISTANCE

LEGISLATION/POLICY

Is there legislation covering

personal assistance (PA)?

YES/NO

If YES, please specify what type of legislation and

at which level of government (national, regional,

local):

Is PA currently provided on a

pilot basis?

YES/NO

If YES, please specify the year when it started:

What is the total number of

registered PA users in the

country?

Has this number increased,

decreased or stagnated (eg

due to waiting lists) in the last

5 years?

Increased

Decreased

Stagnated due to waiting lists

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ENIL Brussels Office

Rue de l’Industrie 10, 1000 Brussels, Belgium

tel: 0032 (0)2 893 25 83; website: www.enil.eu; e-mail: [email protected]

Does everyone, regardless of

type of impairment, have

access to PA?

YES/NO

If NO, which impairment groups are excluded:

Does everyone, regardless of

age, have access to PA?

YES/NO

If NO, which age groups are excluded:

Are there restrictions on what

PA can be used for?

YES/NO

If YES, please explain:

CHANGES IN LEGISLATION/POLICY

Have there been any changes

in legislation/policy

restricting the use of PA in the

last 5 years?

YES/NO

If yes, please explain:

Have any other limitations

been introduced that

prevent/restrict PA use in the

last 5 years?

YES/NO

If yes, please explain?

If negative

changes/restrictions have

taken place in the last 5 years,

what were the reasons (eg

structural, financial etc.)?

ELIGIBILITY ASSESSMENTS

Who carries out eligibility

assessments for PA?

How often are assessments

Page 17: European Network on Independent Living Personal Assistance … · 2016-02-02 · ENIL Brussels Office Rue de l’Industrie 10, 1000 Brussels, Belgium tel: 0032 (0)2 893 25 83; website:

ENIL Brussels Office

Rue de l’Industrie 10, 1000 Brussels, Belgium

tel: 0032 (0)2 893 25 83; website: www.enil.eu; e-mail: [email protected]

repeated?

Is there a specific assessment

tool that is used?

YES/NO

Please specify:

FUNDING

How are PA services funded?

By the state: YES/NO

By the regional or local authority: YES/NO

Both: YES/NO

If by BOTH, please explain:

Is PA a means tested service? YES/NO

Please specify if there are circumstances when

individuals have to contribute to payment of the

service:

What is the maximum number

of PA hours per day/week that

can be approved?

What is the hourly rate that is

funded?

Are direct payments/personal

budgets available for funding

PA?

YES/NO

What is the total number of

direct payments/personal

budget holders in the country?

Page 18: European Network on Independent Living Personal Assistance … · 2016-02-02 · ENIL Brussels Office Rue de l’Industrie 10, 1000 Brussels, Belgium tel: 0032 (0)2 893 25 83; website:

ENIL Brussels Office

Rue de l’Industrie 10, 1000 Brussels, Belgium

tel: 0032 (0)2 893 25 83; website: www.enil.eu; e-mail: [email protected]

Are family members allowed

to be paid as PAs?

YES/NO

PROVIDERS AND SUPPORT

Is there a choice of providers

of PA services?

YES/NO

Please specify:

If PA can be provided by user-

cooperatives, do they have to

be accredited?

YES/NO

Are PA users provided with

training on how to manage

their assistance?

YES/NO

If YES, please specify who provides the training:

Are people with intellectual

disabilities allowed to manage

their own assistance?

YES/NO

Please specify if there needs to be a service

guarantor or something similar:

Are support services such as

peer support/peer

counselling/IL training

provided by user

organisations funded by the

state or the local authority?

YES/NO

Page 19: European Network on Independent Living Personal Assistance … · 2016-02-02 · ENIL Brussels Office Rue de l’Industrie 10, 1000 Brussels, Belgium tel: 0032 (0)2 893 25 83; website:

ENIL Brussels Office

Rue de l’Industrie 10, 1000 Brussels, Belgium

tel: 0032 (0)2 893 25 83; website: www.enil.eu; e-mail: [email protected]

PART 2: ADDITIONAL INFORMATION (please complete if possible)

Please provide background information about

the introduction of PA into legislation/policy

(which actors were involved in advocating for

PA, was there inspiration drawn from a certain

country, which public stakeholders were needed

to set it up, which challenges arose in the

process of developing the legislation/policy,

what resources were needed)?

Are there any current challenges in

implementing the PA legislation/policy?

Has the legislation/policy on PA led to

empowerment of disabled people, setting up of

CILs or cooperatives etc.?

Is PA used in the process of de-

institutionalisation (to help people leave

institutional care)?

Was any research carried out in the country on

the costs of PA? If yes, please provide links or

attachments.

If family members are allowed to work as PAs,

is this considered problematic or beneficial?

Page 20: European Network on Independent Living Personal Assistance … · 2016-02-02 · ENIL Brussels Office Rue de l’Industrie 10, 1000 Brussels, Belgium tel: 0032 (0)2 893 25 83; website:

ENIL Brussels Office

Rue de l’Industrie 10, 1000 Brussels, Belgium

tel: 0032 (0)2 893 25 83; website: www.enil.eu; e-mail: [email protected]